Electronic Discovery Updates

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Reinsurer Obtains Award Of Attorney’s Fees Against Cedent That Failed To Timely Produce Electronically Stored Information

This case was brought by the cedent, Michigan Millers Mutual Insurance Co., seeking indemnity and expense payments arising from various underlying lawsuits, under a Casualty Excess Reinsurance Agreement. A discovery dispute...more

Reduce Ediscovery Storage Costs through Nearlining

Nearline. If this term isn’t in your ediscovery vocabulary, it should be. Nearlining is a feature that allows litigation teams to quickly and easily set aside irrelevant documents and keep them separate from the active...more

Controlling Data Storage Costs with Nearlining

A recent podcast from the Legal Talk Network’s ESI Report addresses cost control, an important issue for any client, eDiscovery attorney, or eDiscovery vendor.  ...more

Illinois Supreme Court Debates Self-Critical Analysis Privilege

Last week, the Illinois Supreme Court heard argument in a case being closely watched by the civil defense bar: Harris v. One Hope United, Inc. Harris poses a simple question: does Illinois recognize the self-critical...more

Stop Giving Away the Store: “Reasonably Calculated” does not define the scope of discovery. (And it never has!)

For over a hundred years Americans have enjoyed Josh Billing’s chestnut, “I’d rather not know so much, than to know so much that ain’t so.” For nearly seventy years, American lawyers have known one big thing that ain’t so:...more

Florida Appellate Court Holds There is No Right to Privacy For Information Posted On Social Media Websites Even When Privacy...

On January 7, 2015, in Nucci v. Target Corp, et al, the District Court of Appeal of the State of Florida, Fourth District upheld a lower court’s order compelling Plaintiff Maria Nucci to produce photographs originally posted...more

The Strategy of Lone Pine Orders: Timing Matters

Federal and state courts are using Lone Pine orders to effectively manage and control mass tort cases and other complex litigation. A Lone Pine order is a case management order that requires all plaintiffs to furnish...more

District Court Sanctions Defendants for Failing to Agree to Standard Protective Order

In this patent infringement action, the plaintiff filed a motion for entry of a standard protective order after the defendant would not agree to sign a stipulated protective order. As explained by the district court, the...more

Every Case Is an e-Discovery Case in Today’s Litigation Environment

Lawyers routinely negotiate the scope of litigation discovery demands. One such lawyer was recently faced with a wildly broad discovery demand for relevant emails from the time a product was manufactured more than fifteen...more

Florida Court: Facebook Users Have Only "Minimal" Privacy for Posted Photos - "Private" Facebook and Other Social Media Pages Are...

A Florida appellate court has ordered a plaintiff to produce photographs from her "private" Facebook page in an important decision holding that Facebook users' privacy interests in the content they post – regardless of the...more

Your New Year’s Resolutions Are the Stuff of E-Discovery

If you’re among the nearly half of Americans who make a list of lofty resolutions every January 1, e-discovery was probably the last thing on your mind as you pledged to lose weight, exercise more, eat healthier, or get...more

FINRA Panel Precludes Evidence & Awards Punitives as Discovery Sanction

An all-public panel of FINRA arbitrators entered a preclusion order and awarded $750,000 in punitive damages for Respondents’ failure to participate in discovery and disregard of pre-hearing filing requirements....more

5 Minute Quiz: Test your Ediscovery Fitness Level

Ediscovery Fitness Quiz - Keeping with the theme of a new year and a new you, let’s talk about your ediscovery fitness levels. Do you know your way around the EDRM or have you just been introduced to ESI? Whether you...more

Cut The Crap: Cooperate Under Rule 26 or Look Like a Fool

An order issued by the court in Armstrong Pump, Inc. v. Hartman, 2014 WL 6908867, No. 10-cv-446S (W.D.N.Y. Dec. 9, 2014) provides a valuable lesson to all litigants—failure to cooperate under Rule 26 is no longer just...more

Ediscovery Resolutions for the New Year!

As one year ends and a new one begins it’s an excellent time to take stock of our lives. Traditionally, the turn of a new year is accompanied by reflections on past accomplishments and resolutions and goals for the coming...more

Requests for Additional Discovery Governed by Garmin Factors

Seoul Semiconductor Co., Ltd., et al. v. Enplas Corp. - Addressing the issue of whether a patent owner’s motion for additional discovery was justified based on a newly-filed exhibit, the Patent Trial and Appeal Board...more

Deleted E-Mails? What Happens to the CCJEF Litigation Now?

This one should be pretty obvious, but for the record, it’s never a good idea to destroy potential evidence. For better or worse, however, it looks like the possible destruction of evidence will now be the focal point...more

E-Discovery Year in Review, Part 2

In our last blog, we explored how popular song lyrics reflected some of the salient themes in e-discovery during 2014. In this blog, we’ll conclude our assessment with the most popular songs—and some of the most important...more

Authenticating Loan Records From Prior Lenders

In special assets litigation, a bank offers into evidence its own loan records as well as the records of other lenders who previously serviced the loan. However, Florida courts treat these records as inadmissible hearsay...more

What’s Mine is Not Yours: Former Officers and Directors and a Corporation’s Attorney–Client Privilege

An officer or director’s company exit often feels like a divorce, with post-departure monetary payments and document-custody issues dominating the immediate aftermath. Companies are quick to enforce non-compete agreements and...more

Annual Report On EEOC Developments: Fiscal Year 2014

In This Issue: - INTRODUCTION ..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015 ..A. Key Statistics ...more

E-Discovery Year in Review, Part 1

As Oscar Wilde suggested, life often imitates art. Indeed, this year, e-discovery imitated art: lyrics from a surprising number of the top 14 songs of 2014 (according to iTunes downloads) eerily match some of this year’s most...more

How Seriously Do Foreign Governments Treat Their Own Secrecy and Blocking Statutes?

The U.S. District Court for the Southern District of New York issued an interesting comity decision on whether U.S. courts should defer to foreign countries’ secrecy and blocking statutes when considering motions for...more

Delaware Court of Chancery Confirms: There Is No Such Thing as Delaware Local Counsel

In its recent ruling on James v. National Financial LLC, Delaware's prestigious Court of Chancery reiterated the obligations to the Court of both Delaware and out-of-state counsels' obligations to the Court (Delaware...more

Court of Chancery Clarifies Delaware Counsel’s Role in Discovery

In James v. National Financial LLC, C.A. 8931-VCL (Del Ch. Dec. 5,2014) the Court of Chancery outlined Delaware Counsel’s discovery obligations as well as the type of sanctions that may be imposed for not complying with those...more

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